The Semantics of Openness. Why References to Foreign Judicial Decisions Do Not Infringe the Sovereignty of National Legal Systems

2014 ◽  
Author(s):  
Marcin Matczak
Keyword(s):  
Legal Systems ◽  
Judicial Decisions

Forensic Expertise and Judicial Expectations

2014 ◽  
pp. 83-109
Keyword(s):  
Copyright Protection ◽  
Copyright Infringement ◽  
Substantial Part ◽  
Legal Systems ◽  
Judicial Decisions ◽  
Forensic Expertise ◽  
The World ◽  
Software Copyright

This chapter primarily focuses on recommendations, suggestions, and directives from the legal systems on matters related to investigation of software copyright infringement and then presents them as positive contributory gestures by the legal systems across the world. Samples are taken from various laws, judicial suggestions and recommendations, and legal directives on copyright in order to discuss the ways in which these laws, recommendations, and directives can add credibility to the entire forensic procedure as well as value to the final forensic answers. These samples address judicial recommendations on a variety of software copyright issues such as software authorship, copyright protection of various software elements (including literal and non-literal software parts), the constitution of “substantial part,” the interpretation of software ideas, forensic exclusion policies of various unprotectable elements, “mining,” etc. The chapter concludes stressing the importance of imparting extensive cyber forensic education to judicial officers for making them fit not only to take intelligent judicial decisions but also to put forward wise judicial recommendations on software copyright infringement cases.

STATE LIABILITY FOR JUDICIAL DECISIONS IN EUROPEAN UNION AND INTERNATIONAL LAW

2012 ◽  
Vol 61 (3) ◽  
pp. 585-611
Author(s):  
Arwel Davies
Keyword(s):  
European Union ◽  
International Law ◽  
The State ◽  
Eu Law ◽  
Legal Systems ◽  
European Union Law ◽  
Judicial Decisions ◽  
Significant Divergence ◽  
State Liability

AbstractAs a consequence of the state unity theory, the conduct of all state organs is attributed to the state in an undifferentiated manner. It follows that, in both international and European Union law, state liability can be based on the substance of judicial decisions despite the independence of the judicial branch. However, beyond the matter of attribution, there is a significant divergence between the two legal systems. In international law, the judicial origin of challenged decisions does not influence the application of liability criteria, whereas, in EU law, the liability criteria can be applied to judicial decisions in a tightened manner. This article has the twofold aim of establishing and explaining this difference.

Dead Bodies in Nigerian Jurisprudence

2007 ◽  
Vol 51 (1) ◽  
pp. 117-150 ◽  
Author(s):  
Remigius N Nwabueze
Keyword(s):  
Legal Systems ◽  
Priority Rules ◽  
Judicial Decisions ◽  
Industrialized Nations ◽  
Dead Bodies ◽  
The Law ◽  
The Right

AbstractRecent events and a few judicial decisions in Nigeria show the need for a serious analytical engagement with the law relating to dead bodies. Topical issues from these cases focus on jurisdiction, the right to control the disposition of remains, and remedies available for the infringement of a burial right. While the meaning and content of sepulchral rights remain the same in Nigeria as in many industrialized nations, its prioritization is markedly different. In contrast to the highly individualized nature of burial rights in many Western legal systems, the control of sepulchral right in Nigeria is familial in character. In some circumstances, however, recourse may be had to statutory provisions that import English priority rules. While a range of remedies is available for an interference with a burial right, injunctions and declarations are the most sought after by Nigerian litigants. An expedited hearing is preferable to an interlocutory order of injunction.

Comparing legal styles

2019 ◽  
Vol 15 (03) ◽  
pp. 274-296
Author(s):  
Catherine Valcke
Keyword(s):  
Comparative Law ◽  
Legal Systems ◽  
Judicial Decisions ◽  
Legal Origins ◽  
French And English ◽  
English Law

AbstractThe question of legal ‘style’ is a central one in comparative law, as mainstream comparative law tends to downplay its importance. The kinds of comparative law scholarship that have attracted most attention in the last decades – the ‘harmonisation projects’ and the ‘legal origins’ literature (perhaps also the ‘legal formant’ literature) – indeed adopt a functionalistic approach to legal systems, whereby only the outcome of judicial decisions (and the factors causally feeding into them) matters – that is, their style does not. This narrow perspective has led to arguments in favour of harmonisation of law worldwide – the thesis according to which law everywhere does and should converge so as to facilitate transnational commerce and globalisation more generally. I propose to argue that legal style matters, as law is about much more than just resolving disputes. Specifically, it is also, and most importantly, a collective statement of identity. To illustrate, I plan on analysing some of the most striking stylistic differences between French and English law, and outline the different such statements emerging from them.

Suicide-Related Crimes in Contemporary European Criminal Laws

Crisis ◽  
1997 ◽  
Vol 18 (1) ◽  
pp. 35-47 ◽  
Author(s):  
Ilkka Henrik Mäkinen
Keyword(s):  
Suicide Prevention ◽  
Suicide Mortality ◽  
Legal Systems ◽  
Cultural Attitudes ◽  
Public Opinions ◽  
Suicide Rates ◽  
Narrow Scope ◽  
National Affair ◽  
Attitudes Towards Suicide ◽  
Special Circumstances

This article describes suicide-related penal legislation in contemporary Europe, and analyzes and relates the results to cultural attitudes towards suicide and to national suicide rates. Data were obtained from 42 legal entities. Of these, 34 have penal regulations which - according to definition - chiefly and directly deal with suicide. There are three main types of act: aiding suicide, abetting suicide, and driving to suicide. The laws vary considerably with regard to which acts are sanctioned, how severely they are punished, and whether any special circumstances such as the motive, the result, or the object can make the crime more serious. Various ideologies have inspired legislation: religions, the euthanasia movement, and suicide prevention have all left their mark. There are some cases in which neighboring legal systems have clearly influenced laws on the topic. However, the process seems mostly to have been a national affair, resulting in surprisingly large discrepancies between European legal systems. The laws seem to reflect public opinions: countries which punish the crimes harder have significantly less permissive cultural attitudes towards suicide. Likewise, suicide rates were significantly higher in countries with a narrow scope of criminalization and milder punishments for suicide-related crimes. The cultural and normative elements of society are connected with its suicide mortality.

Convergence of Corporate Governance Models

2004 ◽  
pp. 129-140 ◽  
Author(s):  
M. Tretyakov
Keyword(s):  
Corporate Governance ◽  
Institutional Environment ◽  
Driving Forces ◽  
Commodity Markets ◽  
Legal Systems ◽  
National Institutions ◽  
Governance Models ◽  
Changing Role

The article focuses on the analysis of the process of convergence of outsider and insider models of corporate governance. Chief characteristics of basic and intermediate systems of corporate governance as well as the changing role of its main agents are under examination. Globalization of financial and commodity markets, convergence of legal systems, an open exchange of ideas and information are the driving forces of the convergence of basic systems of corporate governance. However the convergence does not imply the unification of institutional environment and national institutions of corporate governance.

A Comparative Overview of the Fair Wear and Tear Exception: the Duty of Holders of Temporary Interests to Preserve Property

2002 ◽  
Vol 6 (1) ◽  
pp. 85-100
Author(s):  
Raffaele Caterina
Keyword(s):  
Common Core ◽  
Complete Solution ◽  
Roman Law ◽  
Private Ownership ◽  
Legal Systems ◽  
Personal Rights ◽  
Wear And Tear ◽  
Long Life ◽  
The Law ◽  
The Relationship

“A system of private ownership must provide for something more sophisticated than absolute ownership of the property by one person. A property owner needs to be able to do more than own it during his lifetime and pass it on to someone else on his death.”1 Those who own things with a long life quite naturally feel the urge to deal in segments of time. Most of the owner's ambitions in respect of time can be met by the law of contract. But contract does not offer a complete solution, since contracts create only personal rights. Certain of the owner's legitimate wishes can be achieved only if the law allows them to be given effect in rem—that is, as proprietary rights. Legal systems have responded differently to the need for proprietary rights limited in time. Roman law created usufruct and other iura in re aliena; English law created different legal estates. Every system has faced similar problems. One issue has been the extent to which the holder of a limited interest should be restricted in his or her use and enjoyment in order to protect the holders of other interests in the same thing. A common core of principles regulates the relationship between those who hold temporary interests and the reversioners. For instance, every system forbids holder of the possessory interest to damage the thing arbitrarily. But other rules are more controversial. This study focuses upon the rules which do not forbid, but compel, certain courses of action.

Topical issues of medical malpractices

2014 ◽  
Vol 155 (38) ◽  
pp. 1510-1516
Author(s):  
Tamás Heiner ◽  
Tímea Barzó
Keyword(s):  
Medical Malpractice ◽  
Medical Service ◽  
Early Stage ◽  
Healthcare Providers ◽  
Healthcare Services ◽  
Practical Experience ◽  
Current Analysis ◽  
Breach Of Contract ◽  
Judicial Decisions ◽  
Contractual Relationship

The number of medical malpractice lawsuits filed each year in Hungary has considerably increased since 1990. The judicial decisions and practices on determining and awarding wrongful damages recoverable for medical malpractices in the Hungarian civil law have been developing for decades. In the meantime, a new Hungarian Civil Code (Act V of 2013) has entered into force, which among others, necessitates the revaluation of assessment of damages recoverable for medical malpractices. There are two main areas where fundamental changes have been introduced, which may significantly affect the outcome of medical malpractice lawsuits in the future. In the early stage of medical malpractices it was unclear whether the courts had to consider either the contractual relationship between patients and healthcare providers (contractual liability) or general codal articles on damages arising from non-contractual liability/torts (delictual liability) in their judgement delivered in the cases. Both the theoretical and practical experience of the last ten years shows that healthcare services agreements are concluded between healthcare providers and patients with the aim and intention to provide appropriate professional healthcare services to patients, which meet patients’ interests and wishes. The medical service is violated if it fails to meet patients’ interests and wishes as well as the objectives of the agreement. Since the new legislation implies a stricter liability for damages in the case of breach of contract and stricter rules for exempting the party in breach from compensation obligations, the opportunities to exempt healthcare providers from these obligations have become limited compared to previous regulations. This modification, which was aimed at further integrating the established judicial practices into legislation, stipulates the application of the rules for liability for damages resulting from medical malpractice in non-contractual situations. This paper analyses dogmatic and practical problems related to this topic. Another important area of current analysis is the institution of injury fees, which replaced the reimbursement of non-pecuniary damages. The mere fact of infringement allows setting injury fees. Taking into consideration the current resources in staff and equipment available in healthcare, this regulation may promote claims for injury fees impartial. Consequently, courts will have to apply other criteria when judgment in ‘trivial cases’, which might not require legal assessment, is delivered. Orv. Hetil., 2014, 155(38), 1510–1516.

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